Austin v. . Oakes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 17,1887, which reversed a judgment entered upon a decision of the court on trial at Special Term, and directed judgment as therein specified. This action was brought to obtain a judicial construction of the will of William Hutchinson, otherwise known as William Austin, and the will and codicil of Winifred Austin, his wife.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 17,1887, which reversed a judgment entered upon a decision of the court on trial at Special Term, and directed judgment as therein specified. This action was brought to obtain a judicial construction of the will of William Hutchinson, otherwise known as William Austin, and the will and codicil of Winifred Austin, his wife. The said testator died in January, 1875, seized and possessed of a large estate, real and personal, leaving his widow and five children, four sons…
1Opinion of the CourtFinch, J.
The primary question raised in this case is whether the will of the testator gave to his wife a single power of appointment only, or, in addition thereto, a second and broader power, although limited iu its operation to the shares intended for the son James, and the grandson Charles, and to the contingency of the death of either without issue during the lifetime of the widow. Stated in a more convenient form, the inquiry is whether the power of appointment recited in the testator’s codicil is anew and distinct and separate power, adequate to sustain the appointment made, or not so adequate…
2Cases cited5 opinions
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Taggart v. . MurrayNew York Court of Appeals · 1873
- Westcott v. CadyNew York Court of Chancery · 1821
- Pierpont v. . PatrickNew York Court of Appeals · 1873
- Lynch v. PendergastNew York Supreme Court · 1874
3Cited by24 opinions
- In re HornidgeNew York Surrogate's Court · 1929
- Ely v. . MegieNew York Court of Appeals · 1916
- Bloodgood v. . LewisNew York Court of Appeals · 1913
- Blackford v. AndersonSupreme Court of Iowa · 1939
- U. S. Fidelity & Guaranty Co. v. Douglas' TrusteeCourt of Appeals of Kentucky · 1909
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